Madras High CourtWP(MD)/2415/2016disposed of

P.Krishnamoorthy v. The District Collector

2016-02-03Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2016

CORAM

The Hon`ble Mr Justice P.N.PRAKASH WP(MD) No.2415 of 2016 P.KRISHNAMOORTHY ... PETITIONER Vs 1 THE DISTRICT COLLECTOR COLLECTORATE CAMPUS, TIRUNELVELI DISTRICT 2 THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT 3 THE ASSISTANT SUPERINTENDENT OF POLICE, OFFICE OF THE ASSISTANT SUPERINTENDENT OF POLICE, NANGUNERI, TIRUNELVELI DISTRICT 4 THE INSPECTOR OF POLICE KALAKKAD POLICE STATION, KALAKKAD, TIRUNELVELI DISTRICT 5 K.CHELLAPPA @ K.SELVAM KARUNANIDHI 6 K.ANNADURAI, 7 KANNAN, 8 JAYASANKAR, 9 MUTHU, 10 GANESAN, 11 ANBU, ...

RESPONDENTS Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the Respondents 2 to 4 to give adequate protection for the petitioner's property and consequently to provide protection for the conduction of the multi coloured granite quarrying business in accordance with law in the property situate in Survey No.557/2C in an extent of 7.24 Acres bearing Patta No.1681 at Kadamboduvalvu Village, Nanguneri Taluk, Tirunelveli District. For Petitioner : Mr.V.Baskaran For R1 to R4 : Mr.D.

ORDER

This Writ Petition has been filed, seeking a direction to the respondents 2 to 4 to give adequate protection for the petitioner's property and consequently to provide protection for the conduction of the multi coloured granite quarrying business in accordance with law in the property situate in Survey No.557/2C in an extent of 7.24 Acres bearing Patta No.1681 at Kadamboduvalvu Village, Nanguneri Taluk, Tirunelveli District.

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2. It is seen that the petitioner's Manager, by name, Ramesh has lodged a complaint with the Inspector of Police, Kalakkad Police Station, Tirunelveli District/ 4th respondent herein, in which, petition enquiry in CSR.No.54 of 2016 is pending. Therefore, the 4th respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of copy of this order. During the course of enquiry, if any cognizable offence is made out, the 4th respondent police shall take action action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt.of U.P.& others[2013 (4) Crimes 243(SC).

3. As regards the Mandamus for Police protection to the petitioner's property, this Court cannot issue such blanket direction, where civil rights of the parties are involved and it is for the Civil Court to decide the matter.

4.With the above direction, this Writ Petition is disposed of. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

TO 1 THE DISTRICT COLLECTOR, COLLECTORATE CAMPUS, TIRUNELVELI DISTRICT 2 THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, TIRUNELVELI DISTRICT 3 THE ASSISTANT SUPERINTENDENT OF POLICE, OFFICE OF THE ASSISTANT SUPERINTENDENT OF POLICE, NANGUNERI, TIRUNELVELI DISTRICT 4 THE INSPECTOR OF POLICE, KALAKKAD POLICE STATION, KALAKKAD, TIRUNELVELI DISTRICT +1cc to Special Government Pleader in SR.No. 6853. +1. C.C. to M/S.V.BASKARAN Advocate SR.No.6788 TS/04.02.2016/2P-7C/JGB-DP/SARI WP(MD) No.2415 of 2016 Date :03/02/2016 https://hcservices.ecourts.gov.in/hcservices/